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HomeMy WebLinkAboutPLANNING MINUTES 2008-09-23MINUTES OF THE 9W PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 23, 2008, the City Planning Commission of the City of Livonia held its 970" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Smiley Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a pefition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these pefifions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may or may not use depending on the outcome of the proceedings tonight. ITEM#1 PETITION 2008-08-01-05 ST. MARY MERCY Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2008-08- 01-05 submitted by Sl. Mary Mercy Hospital requesting to rezone property to the south of and directly adjacent to the hospital site at 36475 Five Mile Road, located on the west side of Levan Road between Five Mile road and SchoolcmR Road in the Northwest % of Section 20, from RUF to PO -1. Sept9mber 23, 2008 24986 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence for our consideration? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated September 2, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above - referenced petition. We have no objection to the proposed petition. There are no additional right-of-way requirements and the legal description as shown, which includes the half width right-of-way for Levan Road, is comect for zoning purposes. According to our records, the address of 36475 Five Mile Road is comect for the hospital and 14555 Levan Road is the address for the Marian Professional Building. Normally, no separate address would be assigned to the parking facility. .Detention facilities will be required based on the increased area of impervious surface." The letter is signed by Robert J. Schron, P.E., on behalf of the City. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, would the petitioner please step forward? We'll need your name and address for our record. Richard Borrelli, Architect, Hobbs & Black, Inc., 100 North State Street, Ann Arbor, Michigan 48104. Mr. Walsh: Thank you. Is there anything you'd like to add or do you want us to go right into questions? Mr. Borrelli : I think Mr. Taormina covered it extremely well in describing what our intents of the expansion are and we're open for questions. Mr. Walsh: Are there any questions from the Commissioners? No questions? Mr. Borrelli : One additional thing I would be remiss in not explaining. This does not represent an expansion of the number of beds in the hospital. The purpose for the expansion is to go from semi- private to private beds so the resultant growth, if you will, of the hospital is negligible in that respect. There would be a minor growth in the number of emergency center uses per year that would be calculated. So, just so you're aware it's not a growth of the hospital. Its just a shift from the semi -private to the private beds. Mr. Walsh: Thank you. Yes, Mr. Taormina? September 23, 2008 24981 Mr. Taormina: One thing that we'd like the petitioner to do prior to the Council meeting is take a look at the legal description of the area proposed to be rezoned. There is a slight discrepancy based on where the existing zoning line is located. We believe the existing PO zoning boundary line is located generally along the centerline of this aisle that really marks the southerly boundary of the hospital property. Because of that, there may be a slight increase in what would be the nortirsoulh dimension of the area requested to be rezoned, possibly by about 20 or 30 feel. If we could take a look at that. If the Planning Commission could acknowledge that slight modification, I think that would suffice for this evening. Mr. Walsh: Okay. Thank you. Mr. Borrelli : We will look at that. Mr. Walsh: We have no questions from the Planning Commission. Sir, I would like to thank you for being here. We will go to the audience. If there is anybody in the audience that wishes to speak for or against this petition, would you please step forward? You can come to either microphone. Ron Gaffney, 36315 Jamison. Three houses off of Levan there. Its just a parking lot they're putting in from what I can see here. Are they going to put any berms up so we don't have to stare at cars all day long or all night long? Mr. Walsh: Mr. Taormina, do we have any cross sections that we can take a look al? Mr. Taormina: No, we don't have any of the details yet on the actual parking. Its going to generally be located here. Most of you are probably familiar with where that parking lot currently terminates at the south end, and south of that is the roadway. The lot would be constructed directly to the south of that. There's a berth currently along portions of Levan Road. We're going to take a closer look at the site plan when that comes back, which is something that this body will have a chance to review, including some of the details on the height of that berm and the landscaping. But this is an area that was used as a contractor's yard when they undertook certain expansions and construction projects. It's that area generally where they store their construction equipment. I think they still park there. This aerial actually shows some of the area being used for that purpose. But to answer your question, we will have a chance to look at those details, and yes, we would expect there would be some Sepkmber 23, 2008 24988 shielding and berming taking place along Levan Road. This is just the zoning petition. Mr. Gaffney: Okay. Mr. Walsh: Tonight is re -zoning. Sometimes we have drawings in advance, but this does return for landscaping purposes so we can lake a look at that specifically. Mr. Gaffney: Okay. From what I hear, this is part of a bigger plan. Can I ask if its going to induce moving the heliport off of Levan. I'm tried of picking up lawn furniture out of my pool. Mr. Walsh: The pefitioner will have an opportunity to come up at the end and so we will note that as a question, and if you have anything else, we can make note of that now. Mr. Gaffney: No. That's it. Mr. Walsh: Okay. Thank you. Mr. Gaffney: Thanks. Mr. Walsh: Is there anyone else in the audience wishing to come forward? Seeing no one coming forward, then the public hearing is closed. We do permit an opportunity for the petitioner to stand up. We do have a specific question if you're able to address that. Mr. Borrelli: Thank you. This plan does indeed move the heliport. Thank you, Mr. Taormina. I would take that as a positive vole for moving the heliport. It does move the heliport off of Levan Road and puts it where Mr. Taormina's dot is right now, which is directly adjacent to the new emergency center and much further inboard on the campus site. Mr. Walsh: Where is it presently? Mr. Borrelli: Its up further north. There's a while circle. There it is there. It is fairly close to Levan Road and, of course, it's close to the existing emergency center, which makes it convenient, but moving the emergency center back around towards the southwest really requires us to bring the heliport back with it for ease of use of the heliport Mr. Walsh: Thank you. I think that answers the questions that we had. Are there any additional questions or comments from the Planning Commission? Seeing none, a motion would be in order. Sepkmber 23, 2008 24989 On a motion by Scheel, seconded by Morrow, and unanimously adopted, it was #09-80-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-08-01-05 submitted by St. Mary Meroy Hospital requesting to rezone property to the south of and directly adjacent to the hospital site at 36475 Five Mile Road, located on the west side of Levan Road between Five Mile road and SchoolcraR Road in the Northwest''/. of Section 20, from RUF to PO -1, the Planning Commission does hereby recommend to the City Council that Petition 2108-08-01-05 be approved for the following reasons and subject to minor adjustments to the legal description as deemed necessary by the Administration: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That the proposed change of zoning is consistent with the zoning of the adjacent properly immediately north of the subject properly; 3. That the proposed change of zoning would provide for the development of the subject properly in conjunction with the proposed expansion of the existing hospital facility on the adjoining property to the north; and 4. That the proposed change of zoning would be consistent with the Future Land Use Plan. FURTHER RESOLVED, that notice of he above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? Mr. Wilshaw: I just want to comment that I had some of the same concerns that the residents started to bring up, but realizing that this is a zoning, I think ifs an appropriate use for the properly. We will deal with those particular issues when it comes back for the site plan review. Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. September 23, 2008 24990 ITEM #2 PETITION 2008-08-02-25 LUIGI'S PIZZA Ms. Smiley, Secretary, announced the next item on the agenda, Petton 2008- 08-02-25 submitted by Luigi's Pizza & Subs requestng waiver use approval to utilize a Class C liquor license in connection with a full service restaurant at 31530 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Hubbard Avenue in the Southeast''/. of Section 27. Mr. Taormina presented a map showing the property under pefition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first letter is from the Engineering Division, dated August 27, 2007, which reads as follows: At your request, the Engineering Division has reviewed the above-referenced petition. We have no objection to the proposed petition. There are no additional right-0f-way requirements. We believe that there is a beating reversal in the typed legal description, which is provided in the legal description provided by the Engineering Division. The address of 31530 Plymouth Road is comect." The letter is signed by Robert J. Schron, P.E., on behalf of the City. The second letter is from the Division of Police, dated September 5, 2008, which reads as follows: We have reviewed the plans in connection with Luigi's Pizza and Subs located at 31530 Plymouth. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated September 11, 2008, which reads as follows: "Pursuant to your request of August 25, 2008, the above-reterenced petition has been reviewed. The following is noted. (1) All regular parking spaces are required to be 10 foot by 20 foot and double striped. (2) Two barrier free parking spaces are required and must be property sized, signed and striped. One barrier free space must be van accessible. (3) The petitioner is located within 1,000 foot of another class C liquor license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, we will go the petitioner. If the petitioner could please step toward. September 23, 2008 24991 Enrico Soave, The Soave Law Firm, P.L.L.C., 31567 Bridge Street, Livonia, Michigan 48152. Good evening. Enrico Soave on behalf of the petitioner. Luigi's Pizza & Subs has been business for over 8 years. Previously, the owner, Filippo Mainella, owned and operated Joe's Bakery in Livonia for a little over 12 years. The petitioner's need for a liquor license arose when his business began to steadily decline as manufacturing plants and workers laid off in surrounding areas. Also, a portion of the petitioners business involves birthday parties and other functions at the restaurant in which most customers require beer and wine at these functions. The petitioner firmly believes his business will increase and become more competitive with the availability to serve alcohol on the premises. Furthermore, the petitioner wants to make it clear and known that his business will in no way become a bar. His primary business is food service, not selling alcohol. His desire and need for alcohol is strictly to supplement and increase his current business operations. I have nothing further and would like to entertain any questions the Planning Commission may have. Mr. Walsh: Are there any questions from the Commissioners? Mr. Wilshaw: Mr. Soave, what are the business hours at this location? Mr. Soave: I believe weekends and weekdays it's 10:00 a.m. to 9:00 p.m. Mr. Wilshaw: And that's not going to change as part of this? Mr. Soave: No. Its not going to change, right? Correct. Mr. Wilshaw: Okay. Thank you. Mr. Walsh: Are there any additional questions or comments? Mr. Morrow: Mr. Soave, should there be an approving resolution offered, you have no problem in precluding the sale of spirits or alcoholic beverages other than beer and wine as part of the approval? Mr. Soave: If I understand you correctly, the approval of the Class C license would be restricted to sales of beer and wine. That's correct. Mr. Morrow: Okay. Thank you. Mr. Walsh: Are there any other questions? Thank you, Mr. Soave. Mr. Soave: My pleasure. September 23, 2008 24992 Ms.Varloogian: I was going to ask a question about signage. Does the petitioner have any plans for signs? Mr. Soave: The signs would not change with the addition of selling beer and wine, just to advertise it now that Luigi's Pizza and Subs has the availability to sell beer and wine, along with pizza and other Italian food that it does serve but nothing drastic. Ms. Vartoogian: Okay. Thank you. Mr. Walsh: If there are no additional questions, I thank you, Mr. Soave, for being here. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. On a motion by Morrow, seconded by McDermott, and unanimously adopted, it was #09-81-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-08-02-25 submitted by Luigi's Pizza & Subs requesting waiver use approval to utilize a Class C liquor license in connection with a full service restaurant at 31530 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Hubbard Avenue in the Southeast % of Section 27, which properly is zoned 02, the Planning Commission does hereby recommend to the City Council that Petition 2008-08-02-25 be approved subject to the waiving of the 1,000 fool separation requirement as set forth in Section 11.03(h)(1) of the Zoning Ordinance by the City Council and also subject to the following additional conditions: 1. That this waiver use is granted for the sale of beer and wine only, for consumption on the premises, and shall not include mixed spirit drinks or spirits as defined under the Michigan Liquor Control Code; 2. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 3. That no LED Iighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; Sepkmber 23, 2008 24993 4. That this approval shall incorporate all of the stipulations contained in the correspondence dated September 11, 2008 from the Inspection Department; and 5. That all conditions imposed under Council Resolution #134-01, which granted waiver use approval to operate a full service restaurant with a maximum seating capacity of 78 seats at this location, shall remain in effect to the extent that they are not in conflict with this approval. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. Further, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council and the Michigan Liquor Control Commission. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#3 PETITION 2008-08-0227 SUBWAY SANDWICH Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 08-02-27 submitted by RJ Foods Inc. requesting waiver use approval to operate a full service restaurant (Subway Sandwich Shop) at 34395 Plymouth Road within the Stark Plaza Shopping Center, located on the southeast corner of Plymouth Road and Stark Road in the Northwest''/. of Section 33. September 23, 2008 24994 Mr. Taormina presented a map showing the property under petition plus the exisfing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first letter is from the Engineering Division, dated September 2, 2008, which reads as fol lows: "At your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal petition. There are no additional right -0f -way requirements according to our records. However, the legal description for the overall parcel does not acknowledge the right-of-way dedications for Stark and Plymouth Roads. The legal description for the waiver use areas is provided. The address of the Subway location is 34395 Plymouth Road." The letter is signed by Robert J. Schron, P.E., on behalf of the City. The second letter is from the Livonia Fire & Rescue Division, dated September 5, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval to operate a full service restaurant located at the above -referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated September 5, 2008, which reads as follows: "We have reviewed the plans in connection with Subway Sandwich Shop located at 34395 Plymouth Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 11, 2008, which reads as follows: "Pursuant to your request of August 26, 2008, the above -referenced petition has been reviewed. The following is noted. The petitioner's proposal is a change in use. This would require that the proposed space must conform to all current barrier free codes, building codes and all mechanical odes and standards. This will be addressed further at time of plan review if this project moves forward. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Thank you. Are there any questions for the staff? Seeing none, we will go to the petitioner. If the petitioner would please step forward. Good evening. Robert Splan, RJ Foods Inc., 47562 Arbor Trail, Northville, Michigan 48168. Good evening. Mr. Walsh: Thank you. Is there anything you'd like to add? September 23, 2008 24995 Mr. Splan: I have two other Subways in Livonia. We've been in Livonia about 13 years, and there's no grease or sluff that we use like that in the stores. It's a clean environment. I would like to continue growing in Livonia with this operation. Mr. Walsh: Thank you. Questions for Mr. Splan? Mr. Wilshaw: Mr. Splan, which two Subways do you operate currently? Mr. Splan: On Plymouth Road by Middlebell and Newburgh and Joy across from Churchill. Mr. Wilshaw: Okay. Those are a little bit smaller stores. This is a bigger location for you, is it not? Mr. Splan: Yes. Mr. Wilshaw: Okay. Do you think you'll be able to get adequate business in this location with the visibility from Plymouth Road? Mr. Splan: I think so. It's a good area, a lot of industrial and are biggest part of the day is lunchtime and that's what's there. Mr. Wilshaw: Okay. Sounds good. Thank you. Mr. Walsh: Are there any additional questions? Mr. Morrow: Do you provide any sort of delivery service to locations or is it all walk-ins? Mr. Splan: Its all walk in. Once in a while, if we get a big order for a party and that, if they really want it, we'll take the party subs over and trays if there's a lot of them. Mr. Morrow: But that's the exception. Mr. Splan: Yes. That might happen once a year. Mr. Morrow: Okay. Thank you. Mr. Walsh: Are there any additional questions? All right. Thank you, sir, for being here this evening. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. A motion would be in order. Sepkmber 23, 2008 24996 On a mofion by McDermott, seconded by Wilshaw, and unanimously adopted, 8 was #09-82-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-08-02-27 submitted by RJ Foods Inc. requesting waiver use approval to operate a full service restaurant (Subway Sandwich Shop) at 34395 Plymouth Road within the Stark Plaza Shopping Center, located on the southeast corner of Plymouth Road and Stark Road in the Northwest % of Section 33, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2008-08-02-27 be subject to the following conditions: 1. That the maximum customer seating count shall not exceed 35 seats in accordance with the Floor Plan marked Sheet 1 of 3 submitted by Subway World Headquarters, dated July 24, 2008; 2. That the petitioner shall comply with the following stipulation in the correspondence dated September 11, 2008 from the Inspection Department: - The petitioner's proposal is a change in use. This will require that the proposed space must conform b all current barrier free codes, building codes and all mechanical codes and standards. 3. That onlyconforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 4. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; and 5. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the building permits. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set Sepiember 23, 2008 24997 forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 PETITION 2008-06-0221 MID -SEVEN GASOLINE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 06-02-21 submitted by Mid -Seven Gasoline Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest corner of Seven Mile Road and Middlebell Road in the Northeast % of Section 11. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #09-83-2008 RESOLVED, that the Planning Commission does recommend that Petition 2008-06-02-21 submitted by Mid -Seven Gasoline Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest corner of Seven Mile Road and Middlebell Road in the Northeast'''/ of Section 11, which property is zoned C-2, be removed from the table. Mr. Walsh, Chairman, declared the motion is carried. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first letter is from the Engineering Division, dated July 16, 2008, which reads as follows: At your request, the Engineering Division has September 23, 2008 24998 reviewed the above -referenced petition. We have no objection to the proposed petition. There are no additional right -0f -way requirements. The legal description is incorrect and should read as follow. The address of the site is 29401 Seven Mile Road." The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Division of Police, dated July 10, 2008, which reads as follows: We have reviewed the plans in connection with Mid -Seven MP Gasoline Company (SDM License) located at 29401 Seven Mile. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated August 13, 2008, which reads as follows: "Pursuant to your request of July 8, 2008, the above -referenced petition has been reviewed. The following is noted. (1) The parking spaces shall be double striped. The required minimum size of each parking space shall be 10' wide by 20' deep. (2) Barrier free parking spaces art= required to be property sized, marked and signed. (3) No mention is made of providing free air at this service station. If the Commission and or Council wish this practice to continue, we recommend its inclusion in the resolution as follows: (a) That free air shall be provided at all times this station is open for business. (b) The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge, and (4) The petitioner is located closer than 500 feet from an existing SDM license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Thank you. Are there any questions for the staff? Seeing none, we will go the petitioner. Mr. Patrick Howe, Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, Michigan 48084. Good evening. Thank you, Chairman Walsh. My name is Patrick Howe, representing the applicant, Mr. Brian Koza, the president of Mid - Seven Gasoline Company. This item and the next item are an issue of first impression in the city and thafs whether a gas station should have SDM liquor licenses. I want to briefly review the Liquor Commission guidelines pertaining to SDM licenses with gas stations and then also speak to the waiver use requirements that the city has. First of all, not every gas station can have a SDM or SDD liquor license. You have to maintain a minimum inventory adequate for a substantial convenience store of $250,000. Of that $250,000 at least 60 percent has to September 23, 2008 24999 be convenience store products. You can't just load up on tobacco and automotive supply oil and different products and say, hey, I qualify. You have to look and feel and really qualify financially as a convenience store. The second requirement that the Liquor Commission imposes is that your gas pumps must be at lead 50 feet from the point of sale or from the coolers in which the beverages are stored or the wine racks. The applicant in this case qualifies for both of those, the two - prong test I'd call it. We have not filed an application with the Liquor Commission pending your review of this matter. With regard to the City's requirements, I would say the only question in regard to this application is whether the use standards are infringed at all. If we look at the nine standards, the location and size, the site layout, the density of the space, the parking, loading, etc., the design of the building and the landscaping, none of this is changing. It's an existing gas station and we're simply adding two coolers and a wine rack to add to the business itself. So it really comes down to whether there's going to be prong C, a detrimental effect on the neighborhood, whether there's going to be prong E, a possible nuisance, and prong H, whether this is good planning and whether it furthers the spirit of the ordinance. We would submit that given the minor change in the business operations that none of these prongs are infringed upon. We're here tonight going up against all the Liquor Commission guidelines, waiver use guidelines, seeking a waiver from the City Council because we really need this license. Gas prices are soaring. Sales are down itself and sales that they do, they're really not making much money on gasoline, that's both this applicant and the one what will follow. We would submit to you that given the minor change in the operation and the fact that it really is a convenience store and it qualifies in the eyes of the Liquor Commission, that you approve the waiver use and also send us on to the City Council for a waiver of the 500 fool requirement. We also fall within the guidelines of the 400 fool spacing for the church and school. With that said, I would tum it over to either myself or Mr. Kom to answer any questions you have about this change in use and his operation. Mr. Walsh: Thank you. Are there any questions? Ms. Scheel: Good evening. Could you tell me the hours of the operation? Brian Koza, Mid -Seven Gasoline Company, 3205 Interlaken, W. Bloomfield, Michigan 48232. 5:00 a.m. to 12:00 p.m. midnight. Ms. Scheel: Seven days a week? September 23, 2008 25000 Mr. Koza: Yes. Ms. Scheel: Okay. And what are the ages of the employees that you have working there? Mr. Koza: From 21 to 40. Ms. Scheel: So they'd be at least 2l? Mr. Koza: Yes. Ms. Scheel: Okay. How many employees do you have working at any one time? Mr. Koza: Two to three a shift. Ms. Scheel: Some stations, if you're paying cash, they ask you to go in ahead of time, to give the cash ahead of time. Do you require that there? Mr. Koza: Yes. Ms. Scheel: So there's a lot oflhings the employees will be watching. Mr. Koza: Yes. Ms. Scheel: Okay. That's it for now. Mr. Walsh: Are there any additional questions or comments? Mr. Morrow: As a follow-up to Ms. Scheel's question, should this petition be approved and at City Council, do you anticipate changing the hours of your operation al all? Mr. Koza: No. Mr. Morrow: You would maintain current hours? Mr. Koza: Yes, from 5:00 a.m. to midnight. Mr. Morrow: Okay. Thank you. Mr. Walsh: Are there any additional questions? Seeing none, thank you gentlemen for being here this evening. Mr. Howe: Okay. Thank you. Mr. Koza: Thank you very much. September 23, 2008 25001 Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. Unless there are any other questions, a motion would be in order. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #09-84-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-06-02-21 submitted by Mid -Seven Gasoline Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest comer of Seven Mile Road and Middlebell Road in the Northeast'''/ of Section 11, which property is zoned C-2, the Planning Commission does hereby deny Petition 2008-06-02-21 for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance; 2. That the proposed use fails to comply with Section 11.03(h)(1) of the Zoning Ordinance requring a 500 foot separation between SDM licensed establishments in a C-2 District; 3. That this area of the City is currently well served with existing SDM licensed establishments; 4. That there is no demonstrated need for additional SDM licensed establishments in this area of the City; 5. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 6. That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. September 23, 2008 25002 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM#5 PETITION 2005-06-02-22 AMANI STATION Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest comer of Five Mile Road and Newburgh Road in the Northeast''/.of Section 19. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first letter is from the Engineering Division, dated July 16, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposed petition. There are no additional nghtof-way requirements and the legal description is correct. The address of the site is 37449 Five Mile Road." The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Division of Police, dated July 10, 2008, which reads as follows: We have reviewed the plans in connection with New Five Shell (SDM License) located at 37449 Five Mile. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated August 13, 2008, which reads as follows: "Pursuant to your request of July 8, 2008, the above -referenced petition has been reviewed. The following is noted. (1) This site is currently operating on a temporary certificate of occupancy until the petitioner completes all of the landscape requirements of CR 311-06. (2) The petitioneris located closer than 500 foot from an existing SDM license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Thankyou. Anyquestions? Ms. Smiley: Does this need to be removed from the table? Sepkmber 23, 2008 25003 Mr. Walsh: This item also needs to be removed from the table. That is correct. On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #09-85-2008 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2008-06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest comer of Five Mile Road and Newburgh Road in the Northeast % of Section 19, which property is zoned G2, be removed from the table. Mr. Walsh, Chairman, declared the motion is carried. Mr. Walsh: Thank you, Ms. Smiley, for doing that. Are there any questions for the staff? Seeing none, we will go to the petitioner. Mr. Patrick Wwe, Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, Michigan 48084. Good evening, again. Patrick Howe on behalf of Amani Station Investors. I have with me Shakir Alkhafaji, he is the President of the Corporation. Not belaboring my previous comments, basically, the same applies to this case, different location. They really need this license. It would help their business. And as far as the waiver use standards go, we would submit that they do not infringe upon any of those standards, whether that be dimensional or use, and concerns regarding the fact that the area is saturated with other uses or the community is adequately served, we would submit that we are just adding this as a minor accessory use, not similar to a CVS or another party store, but to service existing gas customers as an additional convenience. With that said, I would turn it over to you or the applicanlfor any additional questions. Mr. Walsh: Are there any questions for the petitioner? Ms. McDermott: Thank you. Mr. Nowak just mentioned a temporary operating permit or license, Mr. Nowak? Mr. Nowak: They have a temporary certificate of occupancy because they haven't completed the landscape work. Ms. McDermott Okay. And do they have a planned time frame as to when they will complete that? September 23, 2008 25004 Mr. Nowak: I believe that they posted a bond for that, and I believe there is a time in which they have to complete the work, but I'm not sure exactly what it is. Ms. McDermott: Okay. Yasmin Alkhafaji, Amani Station Investors, L.L.C., 2000 Town Center, Suite 2100, Southfield, Michigan 48075. We signed a contract with one penton and we paid half down. He has not finished his work. So my lawyer is trying to sue him right now, and we're trying to find somebody else to do it. Ms. McDermott Okay. Mr. Alkhafaji: He ran away with the money. That's what happened. We paid him $3,000 down and we never seen him again. He did some work and let and we tried to gel another company to do it. Ms. McDermott I'm sorry to hear that. Mr. Morrow: Just a matter of curiosity, earlier this month, I noted your station was out of gas for a couple of days. Was there a problem with the pumps or anything? Mr. Alkhafaji: No, there was no problem with the pumps. It was short in the terminal. Shell had 21 gas stations in the metropolitan area closed without gas because there was a shortage out of Houston because of the hurricane. They had some electrical problems with their pipes or something like that. Mr. Morrow: So you were a victim of the problems with the hurricane. Mr. Alkhafaji: Correct. Mr. Morrow: Okay. Thank you. Mr. Alkhafaji: Thank you, sir. Mr. Walsh: Are there any additional questions? Seeing none, thank you gentlemen. Is there anybody in the audience fiat wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #09-86-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-06-02-22 submitted by Amani Station September 23, 2008 25005 Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest corner of Five Mile Road and Newburgh Road in the Northeast % of Section 19, which property is zoned 02, the Planning Commission does hereby deny Petition 2008-06-02-22 for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance; 2. That the proposed use fails to comply with Section 10.03(h)(1) of the Zoning Ordinance requiring a 500 foot separation between SDM licensed establishments in a G7 District; 3. That this area of the City is currently well served with existing SDM licensed establishments; 4. That there is no demonstrated need for additional SDM licensed establishments in this area of the City; 5. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 6. That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? Mr. Wilshaw: I was going to make this comment on the prior petition, but its probably more appropriate to do it now because it covers both really. While I sympathize with gas station owners' current plights and financial concems in lieu of rising gas prices and they need to look for alternatives to supplement their business, I do think, in my opinion, part of the intent of the Liquor Control Commission allowing these types of businesses to sell packaged beer and wine is more oriented toward gas stations that are in rural areas where that gas station serves as a general store and convenience store and is likely to be the only September 23, 2008 25006 one in that entire area, as opposed to a urbanized setting like we have here where we're looking at gas stations asking to sell packaged beer and wine within 500 feet of other locations. That's the case in both of these, and for that reason, in part, is the reason I am supporting these denying resolutions. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Gentlemen, for both petitions, you have ten days within which to appeal to the City Council for review. ITEM#6 APPROVAL OF MINUTES 969TM Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 969'r Regular Meeting held on September 9, 2008. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #09-87-2008 RESOLVED, that the Minutes of 969" Regular Meeting held by the Planning Commission on September 9, 2008, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Alanskas, Walsh NAYS: None ABSENT: None ABSTAIN: LaPine, Morrow Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 970" Public Hearings and Regular Meeting held on September 23, 2008, was adjourned at 8:00 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman